Berg & Moll Rechtsanwälte Avocats advise their clients in all areas of German, French and international business law pertaining to strategic, operational und legal issues of their business in Germany, France and internationally.

Commercial Law

Audit, negotiation and drafting of business contracts in a large variety of areas

  • Service contract
  • Work contract
  • Franchise
  • Agents, agency, sales representative
  • Supply
  • Selective or exclusive distribution agreement
  • Contracts for the protection, distribution and commercialization of intellectual property rights, licences, trademarks
  • Sale/purchase agreement, general terms and conditions (T&C, EULA, etc.), international sale of goods (CISG)
  • New technology contract
  • E-Commerce
  • Commercial lease
  • Real estate purchase contract
  • Insurance contract

Termination of commercial relationships

Audit of the different options, prevention of unlawful termination, etc.

Legal management of e-commerce, digital communication and e-marketing

  • Anti-competitive behavior
  • Supply refusal, sales refusal, etc.
  • Tied selling
  • Unfair competition
  • Advertising, comparative advertising
  • Consumer rights

Analysing contractual and legal guarantees

Defect, product liability, etc.

Business restructuring

Commercial strategies

Defining commercial strategies and implementing appropriate measures in the event of the company facing economic difficulties

International debt collection

For accounting and taxation matters, Berg & Moll Rechtsanwälte Avocats refer to a network of experts to offer integrated solutions.

Corporate Law

Setting up business entities

Incorporation of national and foreign subsidiaries, branches and agencies, start-ups

Company formalities and drafting associated legal documents

By-laws, shareholder assembly, appointment/removal of directors and officers, approval of annual accounts, transfer of company seat, etc.

Structural and financial measures

Definition and management of structural and financial measures, company restructuring

Audit corporate governance

Company domiciliation, commercial lease, real estate purchase contract

Capital operations

Share capital increase/reduction, etc.

Company transformation

Demerger, M&A, change of corporate form

Audit, negotiation and drafting of business transfer agreements

Asset and share deals

Shareholder agreements

Responsibility of directors and officers, D&O Insurance

If necessary, Berg & Moll Rechtsanwälte Avocats can refer to a network of partners – banks, auditors, accountants, tax advisors, notary public.

Merger & Acquisitions

Management of national and international transactions

  • Strategy, legal due diligence, risk analysis
  • Conduct of negotiations (non-disclosure agreement, letter of intent-LOI)
  • Financing
  • Drafting of the transaction-related deeds (SPA, shareholder agreements, de-mergers, split-ups and spin-offs, asset and liability warranties, capital operations, company transformation, joint-venture)
  • Company formalities (shareholder decisions, modification of by-laws, appointment/removal of directors and officers, etc.)

Corporate restructuring

To ensure integrated and customized solutions for their clients with regard to tax and accounting issues, Berg & Moll Rechtsanwälte Avocats cooperate closely with experts in these particular fields.

Employment Law

Analysis, negotiation and drafting of employment contracts

Specific contracts, definite and indefinite duration, notice period, working hours, paid holidays, non-competition clause, bonus, expatriation, posting, etc.

Status of directors, managers, officers

Golden parachute, white collar crime, etc.

Disciplinary measures

Termination of employment contracts

Dismissal, mutual termination agreement, etc.

Compliance

Drafting of company agreements

Employees representation

International mobility of employees

Restructuring and M&A projects

Legal due diligence, collective redundancies, redundancy plan, transfer of business, outsourcing, etc.

Private International Law & EU-Law

Private international law resulting from international conventions and European Regulations (Vienna Convention – CISG, Rome Convention, Rome I Regulation, Brussels I and Brussels I recast Regulation, Lugano Convention, Hague Convention, etc.) is intended to be applied whenever a contractual relationship or a legal dispute presents an international dimension.

The objective is to asses with our clients appropriate legal and commercial strategies for their international business:

Drafting of contractual clauses

  • Choice of the applicable law
  • Choice of the applicable jurisdiction (state court/arbitral court)

Analysis and identification

  • Applicable law and jurisdiction
  • Procedural strategy in the absence of an applicable law clause and/or in the event of pathological clauses

Analysis of the issues and risks in application of a foreign law

Interim measures

Recognition and enforcement of foreign decisions (exequatur)

For more information, please contact us